Law on the Transposition of European Union Directives: The digital revolution in spanish notaries and registries

Law on the Transposition of European Union Directives: The digital revolution in spanish notaries and registries

The Law on the Transposition of European Union Directives has triggered a process of paradigmatic transformation in the notarial and registry field. This article delves into the complexity of this legislation, which not only redefines notarial practices by allowing the online authorisation of legal acts, but also introduces substantial changes in the operation of the Land, Mercantile and Movable Property Registers.

This article examines how legislation, by enabling online authorisation of legal acts and making significant changes to the Registries, redefines the interaction of citizens and businesses with these crucial services.

From the online incorporation of companies to the introduction of the electronic notarial protocol, we will explore how these innovations seek not only to modernise, but also to democratise and simplify the legal experience in the country.

Notarial impact of the Transposition of European Union Directives

One of the most outstanding features of this legislation is the opening of the electronic notary’s office to citizens and businesses. Through the Citizen’s Notarial Portal, which has been in operation for more than two years and has more than 300,000 registered users, interested parties can access notarial services remotely.

It is crucial to note that this online channel does not replace physical notary offices, but provides a convenient alternative for those who prefer to perform certain acts virtually.

The qualified electronic signature of notaries, which has been in use for more than two decades, guarantees the validity and authenticity of documents authorised remotely. Secure videoconferencing in the notary’s electronic office makes it possible to execute deeds remotely, while maintaining the principle of immediacy and ensuring legal certainty in the process.

This new law represents a significant advance, opening the doors to the telematic execution of up to 3,200,000 documents, simplifying and speeding up processes that previously required physical presence. Among the documents that may be authorised remotely are commercial policies, corporate acts, powers of attorney (excluding general and preventive powers), letters of payment, declarations of new construction, horizontal divisions that do not involve the extinction of condominiums, wills in situations of epidemics and acts of conciliation, among others.

The law also introduces the creation of the electronic notarial protocol, which will coexist with the paper protocol, safeguarding crucial information for the fight against money laundering and tax fraud. This measure will facilitate the swift transmission of information to the governing bodies and to individuals and companies.

Registration impact of the Directive

In the registry field, the law introduces modifications to adapt the operation of the Land, Mercantile and Movable Property Registries to new technologies. Registry publicity will always be in electronic format, and a single, general electronic office will be created at national level for filing, processing and accessing registry information and services.

In the corporate field, the law addresses the online incorporation of limited liability companies, allowing registrable transactions and the registration of new branches electronically. The introduction of standard statutes and the possibility of using videoconferencing for the incorporation of companies are highlighted, although safeguards are maintained to ensure the identity and capacity of those involved.

This legal transformation, in response to the EU Directive, seeks to modernise and make notarial services in Spain more accessible. With the entry into force of these measures, a revolution is expected in the way citizens and businesses interact with notaries, marking a significant step towards the full digitalisation of the notarial system in the country.

Benefits for the entrepeneurs

The Law on the Transposition of European Union Directives will have the following benefits:

• Business flexibility: The possibility of carrying out corporate and commercial acts remotely provides entrepreneurs with the flexibility to manage their businesses without the constraints of physical presence.
• Saving time and resources: The digitisation of notarial processes allows entrepreneurs to save valuable time by avoiding physical trips to notaries’ offices. In addition, remote access to notarial services implies significant savings in operating costs.
• Increased legal security: Despite the physical distance, legal security is guaranteed thanks to the notaries’ qualified electronic signature and secure video conferencing. Entrepreneurs can carry out transactions with the confidence that their documents are valid and authentic.
• Access to specialised services: The opening of the electronic notary’s office gives entrepreneurs access to a wide range of specialised notary services regardless of their geographical location. This makes it easier to obtain key documents for the development of their business.
• Agility in business processes: The online incorporation of limited liability companies and other registrable operations offers entrepreneurs an agile and efficient way of carrying out procedures that are essential for the development of their businesses.

In short, the recent approval of the Law on the Transposition of EU Directives has triggered a revolution in the Spanish notary and registry system, enabling online authorisation of legal acts and transforming the way citizens and businesses interact with these essential services.

From the online incorporation of companies to the implementation of the electronic notarial protocol, these innovations seek not only to modernise, but also to democratise and simplify the legal experience in the country. The convergence of legal tradition and technology marks a milestone towards more efficient, transparent and accessible justice in Spain, setting a significant precedent for the future of the country’s legal system.

As commercial lawyers, at Letslaw we advise you on any aspect related to this transposition of Directives, among other services. Do not hesitate to contact us.